1.

Appointment

1.1

A prospective arbitrator shall accept an appointment only if he is fully satisfied that he is

able to discharge his duties without bias, he has an adequate knowledge of the language

of the arbitration, and he is able to give to the arbitration the time and attention

which the parties are reasonably entitled to expect.

2.

Disclosure

2.1

A prospective arbitrator shall disclose all facts or circumstances that may give rise to

justifiable doubts as to his impartiality or independence, such duty to continue throughout

the arbitral proceedings with regard to new facts and circumstances.

2.2

A prospective arbitrator shall disclose to any party who approaches him for a possible

appointment: 

a. any past or present close personal relationship or business relationship, whether direct

or indirect, with any party to the dispute, or any representative of a party, or any person

known to be a potentially important witness in the arbitration; 

b. the extent of any prior knowledge he may have of the dispute.

3.

Bias

3.1

The criteria for assessing questions relating to bias are impartiality and independence.

Partiality arises when an arbitrator favours one of the parties or where he is prejudiced

in relation to the subject matter of the dispute. Dependence arises from relationships

between an arbitrator and one of the parties, or with someone closely connected with one

of the parties. 

3.2

Any close personal relationship or current direct or indirect business relationship between

an arbitrator and a party, or any representative of a party, or with a person who is known

to be a potentially important witness, will normally give rise to justifiable doubts as to a

prospective arbitrator's impartiality or independence. Past business relationships will only

give rise to justifiable doubts if they are of such magnitude or nature as to be likely to affect

a prospective arbitrator's judgment. He should decline to accept an appointment in such

circumstances unless the parties agree in writing that he may proceed.

4.

Communications

4.1

Before accepting an appointment, an arbitrator may only enquire as to the general nature

of the dispute, the names of the parties and the expected time period required for the

arbitration.

4.2

Throughout the arbitral proceedings, an arbitrator shall avoid any unilateral

communications regarding the case with any party, or its representatives.

5.

Fees

5.1

An arbitrator shall promptly inform in writing a party appointing him of his hourly fee when

requested to do so and when invoicing any fee shall state the hourly fee, number of hours

worked and the purpose of that work.

6.

Conduct

6.1

Once the arbitration proceedings commence, the arbitrator shall acquaint himself with all

the facts and arguments presented and all discussions relative to the proceedings so that

he may properly understand the dispute.

6.2

The arbitrator shall give to the arbitration the time and attention which the parties are

entitled to expect.

7.

Confidentiality

7.1

The arbitration proceedings shall remain confidential. An arbitrator is in a relationship of

trust to the parties and should not, at any time, use confidential information acquired

during the course of the proceedings to gain personal advantage or advantage for others,

or to affect adversely the interest of another.

8.

Mentoring

8.1

An arbitrator shall at the request of SCMA provide a pupillage / internship for all or part of

an arbitration to a person approved by SCMA and aspiring to be an arbitrator in accordance

with Guidelines issued by SCMA.

9.

General

9.1

In this code, the masculine includes the feminine.

9.2

This Code is not intended to provide grounds for the setting aside of any award.

(i)

At least 10 years of engagement in a responsible position or positions (commercial, technical or legal) in one or more areas of the maritime industry;

(ii)

Knowledge of law relating to maritime commerce, navigation and maritime matters generally, and arbitration practice and procedure;

(iii)

Ability to draft reasoned awards in maritime disputes. This is assessed by meeting one of the following: 

a. submitting at least two reasoned awards of a maritime nature drafted by the applicant; or 
b. proof of fellowship of a recognised arbitration institution; or 
c. successfully completing an award writing course conducted by a recognised institution.

(iv)

Membership with the SCMA.

These criteria may be waived by the Board of Directors in appropriate cases.

By making an application for admission to the SCMA Panel of Arbitrators, every arbitrator applicant thereby accepts that he or she may subsequently be removed from the Panel, in the event that the Board of Directors of the SCMA shall conclude, on reasonable grounds, that he or she is not in fact a suitably qualified or fit and proper person to serve as a Panel Arbitrator of the SCMA. The Applicant further accepts that a decision of the Board of Directors to remove an Arbitrator from the Panel, shall be final and binding.

To apply to join the SCMA panel of arbitrators, please submit electronically or in hard copy an Application Form.

Attachments to the Application Form of other documents, such as profiles, are accepted.